Lary v. Goodnow
Supreme Court of New Hampshire
Trespass, originally entered at November Term, 1865. At November Term, 1866, the action was, by consent of counsel on both sides, entered "neither party,” and it was left off the docket for the next term. At the next term, April, 1867, the action was- "brought forward,” against defendant’s objection, on motion of plaintiff; and at this term, (November, .1867,) plaintiff moved that the entry of "neither party” be struck off, so that the case might stand for trial.
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Trespass, originally entered at November Term, 1865. At November Term, 1866, the action was, by consent of counsel on both sides, entered "neither party,” and it was left off the docket for the next term. At the next term, April, 1867, the action was- "brought forward,” against defendant’s objection, on motion of plaintiff; and at this term, (November, .1867,) plaintiff moved that the entry of "neither party” be struck off, so that the case might stand for trial. Defendant moved that the action be dismissed. From affidavits furnished by both sides, the court finds the following facts:…
1Opinion of the CourtBellows, J.
The application to strike off the entry of "neither party” that the cause might stand for trial, was a matter addressed to the sound discretion of the court, to be determined upon the facts presented. Claggett v. Simes, 31 N. H. 65. In that case, which was a petition to strike out the entry of a judgment in the original action, Simes v. Claggett, it appeared that an entry of judgment by agreement was made, and afterwards at the same term the court directed the action to be continued,- but this order not having reached the ears of the clerk was not noted upon the docket, and judgment was…
2Cases cited10 opinions
- Larkin v. RobbinsNew York Supreme Court · 1829
- Town v. WilcoxNew York Supreme Court · 1834
- Harris v. BradshawNew York Supreme Court · 1820
- Muckey v. PierceWisconsin Supreme Court · 1854
- Bigelow v. GossWisconsin Supreme Court · 1856
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